Laws of Kenya

LAWS OF KENYA
THE PEST CONTROL PRODUCTS ACT

CHAPTER 346
Revised Edition 1985

Printed and Published by the Government Printer
Nairobi.
2 CAP 346 Pest Control Products [Rev. 1985
CHAPTER 346
PEST CONTROL PRODUCTS ACT
ARRANGEMENT OF SECTIONS
Section
1- Short title.
2- Interpretation.
3- Control of manufacture, etc., of pest control products.
4- Import, export, etc., of pest control products.
5- Establishment and constitution of the Board.
6- Functions of the Board.
7- Procedure of the Board.
8- Appointment of inspectors and analysts.
9- Powers of inspectors.
10- Seizure and disposal of pest control products.
11- Secrecy of information.
12- Offences and penalties.
13- Trial of offences.
14- Certificate of analyst.
15- Regulations.
16- Cessation of application of community law and saving.
CHAPTER 346
PEST CONTROL PRODUCTS ACT
4 of 1982
L.N.89/1983
Commencement: 19th May, 1983
An Act of Parliament to regulate the importation, exportation,

manufacture, distribution and use of products used for the
control of pests and of the organic function of plants and
animals and for connected purposes.
Short title
Interpretation
1. This Act may be cited as the Pest Control Products Act.
2. In this Act, unless the context otherwise requires –
“advertise” includes any representation by any means whatever for
the purpose of promoting directly or indirectly the sale or disposal of
any pest control product;
“Board” means the Pest Control Products Board established under
section 5;
“inspector” means a person appointed as an inspector under section
8:
“label” includes a legend, word, mark, symbol, pictogram or design
applied or attached to, included in, belonging to or accompanying any
pest control product;
“package” includes any container, wrapping, covering or holder in
which any pest control product or material is wholly or partly contained,
placed or packed;
“pest” means any injurious, noxious or troublesome insect, fungus,
bacterial organism, virus, weed, rodent or other plant or animal pest;
and includes any injurious, noxious or troublesome organic function of a
plant or animal;
“pest control product” means a product, device, organism, substance
or thing that is manufactured, represented, sold or used as a means for
directly or indirectly controlling, preventing, destroying, attracting or
repelling any pest and includes –
(a) any compound or substance that enhances or modifies or is

intended to enhance or modify the physical or chemical
characteristics of a pest control product to which it is added;
and
(b) any active ingredient used for the manufacture of a pest
control product;
“place” includes any vehicle, vessel, railway carriage or aircraft;
“sell” includes offer, advertise, keep, expose, transmit, convey,
deliver and prepare for sale or exchange, and dispose of for any
consideration whatsoever.
Control of
manufacture, etc, 3. (1) No person shall manufacture, package, store,
of pest control
products. display, distribute, use or advertise any pest control product
except in accordance with conditions prescribed by
regulations made under this Act.
(2) No person shall package, label or advertise any
pest control product in a manner that is false, misleading or
deceptive or is likely to create an erroneous impression
regarding its character, value, quality, composition, merit or
safety.
Import, export, 4. (1) No person shall import into, or sell in, Kenya
etc., of pest
control products. any pest control product unless that product has been
registered, packaged and labeled in accordance with
regulations made under this Act and conforms to the
standards specified in those regulations.
(2) No person shall export or re-export out of Kenya
any pest control product unless he has complied with the
requirements specified in regulations made under this Act.
Establishment 5. (1) There is hereby established a board to be
and constitution
of the Board. known as the Pest Control Products Board.
(2) The Board shall consist of the following
members-
(a) a chairman appointed by the President;
(b) two public officers appointed by the Minister,
being persons with knowledge and experience of
pest control;
(c) two public officers appointed by the Minister for
the time being responsible for livestock
development, being persons with knowledge and
experience of pest control;
(d) one public officer appointed by the Minister for
time being responsible for matters relating to
commerce;
(e) one public officer appointed by the Minister for
the time being responsible for matters relating to
environment;
(f) one public officer appointed by the Minister for
health;
(g) one public officer appointed by the Minister for
water development;
(h) the Government Chemist;
(i) the Director of the Kenya Bureau of Standards;

(j) the Director of the Coffee Research foundation;
(k) one person appointed by the Minister, being a
person engaged in farming, to represent the
interest of farmers;
(l) one person appointed by the minister for the time
being responsible for livestock development,
being a person engaged in farming, to represent
the interests of farmers;
(m) the Director of agriculture.
(3) The Board may co-opt to serve it for such

period as it may think fit not more than five persons
whose assistance or advice it may require, but a person
so co-opted shall not be entitled to vote at a meeting of
the Board or be counted as a member for the purpose of
forming a quorum.
(4) The members of the Board, other than ex-

officio members, shall hold office for a period of three
years but shall be eligible for reappointment.
(5) The Minister shall appoint a public officer

who is not a member of the Board who shall exercise and
perform such functions as the board may from time to
time determine.
Functions of the 6. The functions of the Board shall be –
Board.
(a) to assess and evaluate pest control products in

accordance with the provisions of the regulations
made under this Act;
(b) to consider applications for registration of pest
control products and to make recommendations
thereon to the Minister;
(c) to advise the Minister on all matters relating to the
enforcement of the provisions of this Act and
regulations made thereunder.
Procedure of the 7. (1) The Board shall meet at least four times in each year.
Board
(2) The chairman shall preside at all meetings of the

Board, and in his absence the Board shall elect one of its
members to act as chairman at the particular meeting.
(3) The person presiding at any meeting of the Board

shall have a casting vote in addition to his deliberative
vote.
(4) A quorum of the Board shall be ten.
(5) a member of the Board other than an ex-officio

member shall cease to be a member of the Board and the
office of the member shall become vacant-
(a) if he resigns his office by writing under his hand

addressed to the chairman;
(b) if he is certified to be insane or otherwise adjudged to
be of unsound mind under any written law;
(c) if, in the opinion of the Board, he becomes physically
or otherwise incapable of discharging his duties as a
member, and remains so for a period of ninety
consecutive days;
(d) if he is absent, without the permission of the Board
from three consecutive meetings of the Board;
(e) if he is adjudged or otherwise declared bankrupt
under any written law;
(f) if he is sentenced to imprisonment for a term of six
months or more.
8. (1) The Minister shall, by notice in the Gazette, appoint

suitably qualified persons as inspectors and analysts for the
Appointment of purposes of this Act.
inspectors and
analysts. (2) No person appointed under subsection (1) shall, while
being so appointed, engage in any business connected with the
manufacture, sale or distribution of pest control products.
9. (1) An inspector may, at all reasonable times –
(a) enter any place or premises -

Powers of (i) for the purposes of carrying into effect any of the
inspectors.
provisions of this Act;
(ii) in which he reasonably believes a pest control
product to which this Act applies is or has been
manufactured, stored, sold or used;
(iii) in which he reasonably believes there is material
that is contaminated by a pest control product; or
(iv) which is or are used or capable of being us in the
manufacture of a pest control product;
(b) examine any pest control product or material found in

any place or premises or open any package found therein
that he has reason to believe contains any pest control
product or material and take samples thereof;
(c) required any person to product for inspection or for the

purpose of obtaining copies thereof or extracts therefrom,
any books, shipping bills, bills of lading, documents
containing instructions, or other documents or papers
concerning any matter relevant to the administration of
this Act or any regulations made thereunder.
(2) .An inspector shall be furnished with a certificate of his

appointment as an inspector and on entering any place or
premise referred to in subsection (1) shall, if so required,
produce the certificate to the person in charge thereof.
(3) The owner or the person in charge of any place or

premises referred to in subsection (1) and every person found
therein shall give an inspector all reasonable assistance to enable
the inspector to carry out his duties and functions under this Act
and any regulations made thereunder and shall furnish him with
such information with respect to the enforcement of the
provisions of his Act and regulations made thereunder as he may
reasonably require.
(4) any person who refuses entry to an inspector acting under

this section or obstructs him in making an entry or making an
inspection or who, without reasonable excuse, fails to produce any
pest control product or material for examination or any document
the production of which is required of him under this section shall
be guilty of an offence.
Seizure and
disposal of pest
control products. 10. (1) Whenever an inspector believes, on reasonable grounds, that
this Act or any regulations made thereunder has or have been
contravened, he may seize and detain the pest control product by
means of or in relation to which he reasonably believes the
contravention was committed.
(2) Any pest control product seized and detained pursuant to

subsection (1) shall not be detained after-
(a) such time not exceeding fourteen days as, in the
opinion of the inspector, the provisions of this Act
and the regulations made thereunder have been
complied with; or
(b) the expiration of six months from the date of seizure,

or such longer period as may be prescribed with
respect to any pest control product,
unless before that time proceedings have been instituted

in respect of the contravention, in which case the pest
control product may be detained until the proceedings are
finally concluded.
(3) a court convicting any person for an offence under

this Act or any regulations made thereunder may make such
order as the court shall deem proper as to-
(a) the forfeiture or disposal of any pest control product; and

(b) the payment by the defendant of all or any fees and other
expenses incidental to the analysis of a pest control product,
in respect of which the conviction is obtained.
(4) Where an inspector has seized a pest control product

and the owner thereof or the person in whose possession the pest
control product was at the time of the seizure consents in writing
to the disposal thereof, the pest control product shall thereupon
be forfeited to the Government and shall be disposed of in such
manner as the Minister may direct and at the expense of the
person consenting to the disposal.
(5) Any person who hinders or obstructs an inspector

acting exercise of his powers under this section shall be guilty of
an offence.
11. Any person who is or has been engaged in the endorsement of

Secrecy of the provisions of this Act who discloses, except for the purpose of
information
the exercise of his functions or when required to do so by a court or
under any written law, any exercise of his functions under this Act
to any other person shall be guilty of an offence.
12. (1) Any person who contravenes the provisions of section 3 or 4

Offences and shall be guilty of an offence and shall be liable to imprisonment for
penalties a term not exceeding two years.
(2) A person guilty of an offence under this Act other than an

offence referred to in subsection (1) shall be liable to a fine not
exceeding ten thousand shillings or to imprisonment for a term not
exceeding six months or to both.
(3) In any prosecution for an offence under this Act, it shall be

sufficient proof of the offence to establish that it was committed by
an employee or agent of the accused, whether or not the employee or
agent is identified or has been prosecuted for the offence, unless the
accused establishes that the offence was committed without his
knowledge or consent and that he exercised all due diligence to
Trial of offences. prevent its commission.
13. An offence under this Act may be tried by the court within
Certificate of
whose jurisdiction the accused is resident or is carrying on business
analysti notwithstanding the fact that the matters giving rise to the offence
did not take place within the jurisdiction of that court.
14. (1) Subject to this section, a certificate of an analyst stating that

he has analysed or examined an article or a sample submitted to him
by an inspector and stating the result of his examination shall be
admissible in evidence in a prosecution for the contravention of this
Act or any regulations made thereunder and shall be prima facie
evidence of the statements contained therein.
(2) The party against whom a certificate of an analyst is

produced under subsection (1) may, with leave of the court, require
the attendance of the analyst for the purposes of cross-examination.
(3) No certificate shall be received in evidence under subsection

(1) unless the party intending to produce it has, before the trial,
Regulations. given to the party against whom it is intended to be produced
reasonable notice of that intention together with a copy of the
certificate.
15. The Minister may, after consultation with the Board, make
regulations-
(a) prescribing for the purposes of this Act the nomenclature of
pests, pest control products and classes and kinds of pests and
pest control products;
(b) prescribing the form in which applications for registration shall
be made and the information to be furnished therewith;
(c) respecting the registration of pest control products and
establishments in which any pest control products are handled by
manufacturers or dealers and prescribing the fees therefore, and
respecting the procedures to be followed for the review of cases
involving the refusal, suspension or cancellation of the
registration of any such product or establishment;
(d) prescribing the form, composition, and all other standards
relating to the safe use of pest control products, including toxic
residue effects;
(e) respecting the manufacture or treatment of any pest control

product to facilitate its recognition by change in colouration or
other means;
(f) respecting the standards for efficacy and safety of any pest
control product;
(g) respecting the manufacture, storage, distribution, display and use
of any pest control product;
(h) respecting the packaging, labeling and advertising of pest control
products;
(i) respecting the taking of samples and the making analyses fro the
purposes and provisions of this Act;
(j) prescribing the information to be supplied and the form of such
information in respect of any pest control product that is to be
Cap.358 imported into Kenya;
(k) prescribing the circumstances and conditions under which pest
control products that have met the requirements of the Cattle
Cleansing Act may be deemed to be registered as prescribed un
the Act;
(l) generally for the better carrying out of the purposes and
provisions of this Act.
Cessation of the
application of
community law 16. (1) Notwithstanding the Treaty for East African Co-operation
and saving. Act. as from the date of commencement of this Act the Control
Cap.4. E.A.
Cap.3. of Pesticides Act of the Community shall cease to have the
force of law in Kenya.
(2) Notwithstanding subsection (1), any proceedings under

the Control of Pesticides Act of the Community which
had been commenced before the commencement of this
Act may be continued and concluded in accordance with
that Act as though it still had the force of law in Kenya..
SUBSIDIARY LEGISTATION
Regulations under section 15

L.N.145/1984 THE PEST CONTROL PRODUCTS (LICENSING OF PREMISES)
REGULATIONS
Citation.
1. These regulations may be cited as the Pest Control Products
(Licensing of Premises) Regulations.
Premises not to 2. (1) No person shall use any premises, or being the owner or
be used unless
lincensed. occupier thereof permit or allow the premises to be used, for the
purposes of manufacturing, formulating, packaging, selling or storing
pest control products unless that person is in possession of a licence

issued under these Regulations in respect of those premises.
(2) No licence shall be issued under these Regulations unless
the Board is satisfied that the provisions of these Regulations have been
complied with.
Application for 3. (1) An application for a licence under these Regulations shall
licensing of
premises. be in form A in the Schedule.
(2) An applicant for a licence shall, or request by the Board,

supply any information that may be required for the purposes of these
Regulations.
Issue and expiry 4. (1) Every licence issued under these Regulations shall be in
of licence.
Form 8 in he Schedule, and shall expire on the 31st December next
following the date of issue.
(2) No person to whom a licence has been issued under these
Regulations shall lend, hire, sell transfer or otherwise dispose of that
licence without the approval of the Board, which approval shall be
endorsed on the licence.
(3) No licence shall be transferred from the premises in respect
of which it was issued.
Layout and 5. All premises used for the manufacturing and formulating of
construction of pest control products shall -
manufacturing
and formulating
premises. (a) be of a suitable design, layout and construction to ensure the
health of workers and to avoid contamination of the
environment;
(b) have sufficient space for the placement of equipment and
storage of materials which is necessary for the health of
workers and operators;
(c) have separate areas, either by partition, location or other
effective means, for those operations which do not require
Protection of
workers to be exposed to pest control products.
workers and 6. Every person who owns, operates or is in charge of premises
operators and used for the manufacturing, formulating and packaging of pest
quality of
products control products shall ensure that -
(a) during the operations-

(i) the persons working in the premises wear
adequate protective clothing;
(ii) the premises are well supplied with first-aid
facilities to the satisfaction of the Board to cater
for accidental poisoning;
(iii) the general health o the persons working on the

premises is adequately catered for; and
(b) the quality of the products are within the prescribed limits.
Essential
requirements for
operations etc. 7. Every person who owns, operates or is in charge of-
(a) premises in which the manufacturing, formulating and

packaging of a pest control product is undertaken shall have
adequate knowledge of the chemistry, toxicology, efficacy
and general use on the product being dealt with to the
satisfaction of the Board;
(b) pest control product stores and other dispensing premises

shall have adequate knowledge of the chemistry, toxicology,
efficacy and general use of the products within the premises.
SCHEDULE (reg.4)
Form A
THE PEST CONTROL PRODUCTS LICENSING OF PREMISES)

REGULATIONS
APPLICATION FOR A LICENCE
The Secretary,
Pest Control Products Board,
P.O. Box 14733,
NAIROBI.
1. Name of applicant/s
…………………………………………………
2. Name and address of person, firm or company to be issued
with
licence
………………………………………………………………
..………………………………………………………………
3. Full names of partners and/or directors (where applicable) .
……………………………………………………….
………………………………………………………………….
4. Nature of occupation for which a licence is required.
……………………………………………………………….
………………………………………………………………….
5. Owner of premises
………………………………………………….
6. Plot No. ………………………… L.R. No.
………………………..
7. Location ………………………… Road/Street
……………………
8. Town ……………………………. District
………………………..
9. General business postal address
…………………………………….
……………………………………………………………………
10. Name and qualifications of the person under whom
processing /trading will be undertaken
……………………………………….………………………..
…………………………………………………………………
……………………….. ……………………..
Date Signature of applicant
FORM B
THE PEST CONTROL PRODUCTS (LICENSING OF

PREMISES)
REGULATIONS
LICENCE
This licence is granted to

………………………………………………
to sell / store / package / manufacture / formulate / display pest
control products at plot No.
…………………………………………………….
L/R. No.
………………………………………………………………...
Situate
…………………………………………………………………..
……………………………………………………………………
Date ………………………….
…………………………………
Chairman
Pest Control Products Board
………………………………
Secretary
This licence is not transferable to any other person without the approval
of the Board.
THE PET CONTROL PRODUCTS (REGISTRATION)

REGULATIONS
L.N.46/1984 1. These Regulations may be cited as the Pest Control Products
L.N.109/1984
(registration) Regulations.
Intepretation. 2. In these Regulations, unless the context otherwise requires-

“active ingredient” means an ingredient of a pest control product to
which the effects of the pest control product are attributed and
includes a synergist; but does not include a component that by
itself is not primarily responsible for the control effect of the
pest control product;
“certificate of registration” means a certificate issued by the

Board under regulation 7:
“device” means any article, instrument, apparatus, contrivance or

gadget that by itself or in conjunction with a pest control product
is used as a means to control pests directly or indirectly;
‘residue” means the ingredient of a pest control product that

remains after the pest control product has been used and includes
substances resulting from degradation or metabolism.
3. A pest control product shall be exempt from registration if-

Exemption from
Regulation.
(a) it is for use by a person for research purposes if that use has
been approved by the Board.
(b) it is a type or kind set out in the Firs Schedule and meets the
conditions relevant to that substance as set out in that Schedule.
Application for 4. (1) Every person desiring to register a pest control product
Registration of shall make application to the board in Form A set out in the
Pest control
Products. Second Schedule and shall, on request, supply ay further
information which may be required by the board.
(2) An applicant who is not resident in Kenya shall appoint an

agent permanently resident in Kenya to whom any notice or
correspondence may be sent.
(3) An application for the registration of a pest control product

shall be accompanied by five copies of the proposed label for the
pest control product or reasonable facsimiles thereof.
Applicant to
5. An applicant shall, when requested to do so by the Board,
Provide samples. provide-
(a) a sample of the pest control products;

(b) a sample of the technical grade of its active ingredient;
(c) a sample of the laboratory standard of its active ingredient;
and
(d) any other sample as may be required by the Board.
Registration fees. 6. The fees payable by an applicant for the registration of a pest
control product shall be two thousand five hundred shillings
where a pest control product is a device or it contains an active
ingredient that has been previously assessed or evaluated for the
purpose of the Act and there Regulations.
Issue of
certificate 7. (1) The Board shall consider the application under regulation
of registration. 4, and, if it is satisfied of the safety, efficacy, quality and
economic value of the pest control product , shall register the
pest control product , and issue a certificate of registration which
shall be in Form B set out in the Second Schedule.
(2) If the board is not satisfied as to the safety, efficacy, quality

and economic value of the pest control product it may, after
providing an opportunity for the applicant to b heard, reject the
application for the registration of the pest control product and
inform the applicant the reasons for the rejection in writing.
(3 No person to whom a certificate of registration has been issued under
this regulation shall lend, hire, sell transfer or otherwise dispose
of the certificate to any other person without the approval of the
Board, which approval shall be endorsed on the certificate of
registration.
Duration and
8. (1) A certificate of registration issued under these
renewal of Regulations shall, unless earlier suspended or revoked, be valid
certificate of for a period of three years from the date of issue and may
registration.
thereafter be renewed for periods not exceeding two years at any
one time.
(2) The fee for the renewal of a certificate of registration shall be

two thousand shillings, and an application for renewal shall be
accompanied by five copies of the current label for the pest
control product.
Temporary 9. (1) The Board may upon such terms and conditions as it may
Registration. specify, on payment of a fee of one thousand shillings, register a
pest control product for a period not exceeding one year where-
(a) the applicant agrees to produce additional scientific or

technical information in relation to the use for which the pest control
product is to be sold; or
(b) the pest control product is to be sold only for the emergency control
of infestations that are seriously detrimental to public health,
domestic animals, crops or natural resources.
(2) Any terms and conditions specified by the Board under

paragraph (1) shall be contained in the temporary certificate of
registration.
10. The Board may refuse to register a pest control product if in

its opinion-
Refusal to
register pest
control products. (a) the applicant for registration or the label for the pest control
product does not comply with the provisions of the Act and these
Regulations;
(b) the information provided to the Board by the applicant is

insufficient to enable the pest control product to be assessed or
evaluated;
(c) the applicant fails to establish that the pest control product
has merit or value for the purpose claimed when its label
directions; or
(d) the use of the pest control product would lead to an un-
acceptable risk or harm to-
(i) things on or in relation to which the pest control

product is intended to be used; or
(ii) public health, plants, animals or the environment.
11. (1) The Board may suspend or revoke a certificate of

registration issued under these Regulations for such time as the
Suspension Board may determine.
and revocation
of certificate
of registration. (2) The powers conferred by paragraph (1) shall not be
exercised by the Board except on one or more of the following
grounds-
(a) that the matters stated in the application on which the

certificate of registration was granted were false or
incomplete in a material particular;
(b) that new information has become available to the Board which
renders the pest control product unsafe or dangerous;
(c) that the premises on which, or on part of which, the pest control
product is manufactured, assembled or stored by or on behalf of
the holder of the certificate of registration are
unsuitable for the manufacturing, assembly or storage of
Notice to holder pest control products.
of certificate
of registration, 12. Where the Board-
etc. (a) refuses to register a pest control product; or
(b) suspends or revokes the certificate of registration,
it shall be send to the applicant or the holder of a certificate of
registration, as the case may be, a notice by registered post
notifying him of the refusal, suspension or revocation.
Appeals.
13. (1) An applicant or holder of a certificate of registration who has
received a notice under regulation 12 may within thirty days
from the date which the notice is received by him appeal to the
Records. Minister, who may amend or vary the decision as he thinks fit
and whose decision shall be final.
14. A holder of a certificate of registration issued under these
Regulations shall keep a record of all the quantities of pest
control products stored, manufactured or sold by him and the
record shall-
(a) be maintained for five years from the time it is made;
and
(b) be made available to the Board at such times and in such manners as
the Board may require.
FIRST SCHEDULE (reg. 3)
ITEMS EXEMPTED FROM REGISTRATION
1. Garment bags, cabinets or chest that are manufactured,

represented or sold as a means to protect clothing or fabrics from
pets.
2. Electronic apparatus that is manufactured, represented or sold as
a means to attract or destroy flying insects.
3. Devices of products that are manufactured, represented or sold
to repel birds and other pests by causing physical discomfort by
means of sound or touch.
4. Devices of attachment to garden watering hoses that are
manufactured, represented or sold as a means to dispense or
apply a pest control product.
5. Devices that are manufactured, represented or sold as a means of

providing the automatic or unattended application of a pest
control product.
6. Devices that are sold for use with chemical products containing
cyanide as a means to control animal pests.
SECOND SCHEDULE (reg.4 and 9)

FORM A
APPLICATION FOR THE REGISTRATION OF A PEST CONTROL PRODUCT

(to be submitted in sextuplicate)
The Secretary,
Pest Control Products Board,
P.O. Box 14733,
NAIROBI.
PART I
Name of applicant …………………………………………………………..
………………………………………………………………………………
2. Business address …………………………………………………………….
3. Status of applicant (manufacturer, agent, etc.) ……………………………...
……………………………………………………………………………….
4. Name and address of manufacturer (where applicable) …………………….
……………………………………………………………………………….
5. Name and address of formulator …………………………………………...
……………………………………………………………………………
PART II
1. Approved common name(s)

……………………………………………
…………………………………………………………………………..
2. Chemical name(s and structural formula(e) of the major active
ingredient(s)
Chemical name(s) Structural formula(e)
3. Chemical name(s) and structural formula(e) of the minor active

ingredient(s) (where applicable)
Chemical name(s) Structural formula(e)
4. Trade name(s), code number(s) and local name(s) of the product
Chemical name(s) Kenyan name(s)
5. Formulation wettable power (W.P.), emulsifiable concentrate

(E.C.), dusts, etc
………………………………………………………………
6. Concentration (of all active ingredient(s) ……………………….
……………………………………………………………………
…………………………………………………………
7. Description of inert material
……………………………………………………………………
………………………………………………………..
8. Intended use (vet, health, agric, forestry, fishery, etc.)

……………………………………………………………………
…………………………………………………………….
9. Method, rate and frequency of application

……………………………………………………………………
……………………………………………………………………
……………………………
10. Target pest(s) disease(s), and host(s)
…………………………………
PART III
1. Toxicity to formulated products to test animals (oral, dermal and

inhalation LD 50 and LC 50)
…………………………………………..
…………………………………………………………………………..
2. The effects of the products on the environment-
(a) toxicity to bees ……………………………………………………..
(c) toxicity to fish
……………………………………………………...
(d) toxicity to birds
…………………………………………………….
(e) Persistence in the environment
…………………………………….…………………………
……………………………………………
3. Antidote(s) ………………………………………………………………
4. Expected shelf life ………………………………………………………
5. Registration numbers and references of the product in the
country of origin and three other countries where it is
marketed …………………
……………………………………………………………………
…………………………………………………………………….
……………………………………………………………………
6. Is the product authorized to be on the market in the country of
origin? If yes, attach evidence
………………………………………………….
1. Package description(s)
ge size material (plastic, no)

ol.) etc.)
2. Indicate whether the packaging materials are approved by the

Kenya Bureaus of Standards (KBS)
………………………………………..
………………………………………………………………………
Name(s) and address(es) of distributor(s) in Kenya

1. ……………………………………………………………………
……………………………………………………………………
……………………………………………………………………
……………………………………………………………………
2. ……………………………………………………………………
………………………………………………………………………….
……………………………………………………………
3. ……………………………………………………………………
……………………………………………………………………
……………………………………………………………………
4. ……………………………………………………………………
……………………………………………………………………………
……………………………………………………………
The information contained herein is correct to the best of my knowledge
and belief.
……………………………… ………………………….
Date of application Signature of applicant
…………………………………..
Position (if company)
NOTE:
1. A separate application form is required for each product.

2. Submit five sample labels to be used on the packages at the time
of application.
3. If the space provided is not sufficient, attach a separate sheet.
________________
FORM B
CERTIFICATE OF REGISTRATION OF A PEST CONTROL PRODUCT
Number ……………
It is hereby certified that the pest control product described herein has
been registered under the Pest Control Product Act and is subject to
conditions indicated-
1. Approved common name …………………………………...

2. Trade name under which marketed in Kenya ……………….
……………………………………………………………………………
3. Active ingredient(s)
…………………………………………………………………….
………………………………………………………………………
………………………………………………………………………
4. Formulation …………………………………………………………………
5. Condition(s) under which pest control product is registered
…………………………………………………………………..
………………………………………….………………………………
……………………………………………………………………………
6. Registration No. …………………………………………………………….
7. Registration in the name of …………………………………………………
…………………………………………….
Tel. No. ……………………………
8. Date of registration …………………………………………………………
9. Date of registration expires …………………………………………………
…………………………… …………………………….
Chairman Secretary
Pest Control Products Board Pest Control Products Board
THE PEST CONTROL PRODUCTS (LABELLING,

L.N.89/1984 ADVERTISING AND PACKAGING)
REGULATIONS
Citation.
1. These Regulations, may be cited as the Pest Control Products
(Labelling, Advertising and Packaging) Regulations.
Interpretation. 2. In these Regulations, unless the context otherwise requires-
“display panel” means part of a label applied on or affixed to the

package of a pet control product but does not include a leaflet or
Labeling
brochure unless it is part of the label.
Requirements. 3. (1) No pest control product shall be distributed or sold without a
label.
(2) No label shall be used on a pest control product unless it has
been approved by the Board, and unless the Board otherwise directs,
every label shall show-
(a) the name of a pest control product which shall be descriptive of the
physical form and purpose of the pet control product and shall
include the common name of its active ingredients and may include
a distinctive brand or trade mark;
(b) the class designation of the pest control product in capital letters
and shall be classified as set out in the First Schedule;
(c) information detailing the nature and degree of hazard inherent in
the pest control product and the nature and degree of hazard shall
be identified by the appropriate precautionary symbol and signal
words selected from the Second Schedule together with a
statement respecting the nature of the primary hazard to which the
symbol relates;
(d) a statement directing the user to read the label which
statement shall be in the following form- “READ THE
LABEL BEFORE USING”;
(e) a guarantee statement in the following manner-
(i) the word in capital letters “GUARANTEE”, followed by-
(ii) a colon; followed by-
(iii) the common name of the active ingredient of pest control
product or where a common name has not been designated, the
chemical or other name of the active ingredient; followed by-
(iv) the contents of the active ingredient expressed –
(A) in the case of a liquid pest control product, as a

percentage by mass, or mass per unit volume, or both, as
may be required by the Board;
(B) in the case of dust, wettable powder or other dry
formulations, as a percentage by mass; or
(C) where subparagraphs (A) and (B) do not apply, in terms

acceptable to the Board;
and the active ingredient shall include the viscosity, specific gravity,
particle size or such other property or specifications
determined by the Board to be necessary for guarantee
purposes;
(f) the registration number of the pest control product which
shall be set out in the following manner-
“REGISTRATION NO.”
(g) a statement of the net contents of the package for the pest
control product, which shall be expressed-
(i) in the case of a liquid pest control product of a volume less than
one litre, in terms of milliliters;
(ii) in the case of liquid pest control product of a volume of one
litre or more, in terms of litres;
(iii) in the case of a pressure-packaged pest control product in terms
of weight, in grams if less than one kilogram;
(iv) in the case of a pressure-packed pest control product which
weighs one kilogram or more, in terms of kilograms;
(v) in the case of a dry formulation pet control product which
weighs less than a kilogram, in terms of grams;
(vi) in the case of a dry formulation pest control product which
weighs one kilogram or more, in terms of kilograms;
(vii) in the case of a pest control product that is semi-solid or
viscous in terms of either weight or volume in accordance
with this paragraph; or
(viii) in the case of a pest control product the nature of which does
not lend itself to net content statements prescribed in this
paragraph, in terms acceptable to the Board;
(h) the name and postal address of the registrant and the name and
postal address of the resident agent, if any;
(i) the directions for se of the pet control product, which directions
shall include dosage rates, timing of application and use
limitations;
(j) information identifying any significant hazards respecting the

handling, storage, display, distribution and disposal of the
pest control product which information shall include
instructions respecting procedures to alleviate the hazard and
when required by the Board, instructions respecting
decontamination procedures and disposal of the pest control
product and the empty package;
(k) information identifying any significant hazard to-

(i) things on or in relation to which the pest control product is

intended to be used; or
(ii) public health, plants, animals or the environment, which
information shall include instructions respecting the
procedures to alleviate any such hazard;
(l) instructions for first aid, which instructions shall be
under the heading in capital letters “”FIRST AID
INSTRUCTIONS” and
shall set out the practical measures to be taken by the pest
control product;
(m) the toxicological information essential to the treatment of
a person poisoned or otherwise injured by the pest
control, which information shall be under the heading in
capital letters “TOXICOLOGICAL INFORMATION”
and shall-
(i) state antidotes and remedial measures;
(ii) describe the symptoms of poisoning; and
(iii) state the ingredient that may affect the treatment;
(n) a notice to the user of the pest control product which
notice shall be in the following manner-
NOTICE TO USER
This pest control product is to be used only in accordance with

the directions on this label. It is an offence under the Pest
Control Products Act to use or store a pest control product under
unsafe conditions.
(3) The label for a pest control product which is a device of a
Supra. type or kind listed in the First Schedule to the Pest
Control Products (Registration) Regulations shall
contain the information referred to in the subparagraphs (f),
Display panels.
(h), (i), (j), and (k) of paragraph (2).
4. (1) The display panel shall consist of one principal display panel
and at leas one secondary display panel.
(2) Where the primary purpose of a pest control product is not to
control, prevent, destroy, mitigate, attract or repel a pest, but it has these
properties, the pest control product shall have a display panel
with-
a. the information referred to in subparagraphs 9a), (b), (c),
(d, (g) and (h) of regulation 3 (2) on the principal display
panel; and
(b the information referred to in subparagraph (e), (f, (i), (l) and
(m) of regulation 3 (2) on the secondary display panel;
(3) Where the primary purpose of a pest control product is to
control, prevent, destroy, mitigate, attract or repel a pest, the pest
control product shall have a display panel with the information referred
to in subparagraphs (a), (b), (c), (d), (e), f), (g), and (h) of
regulation 3(2) on the principal display panel.
(4)This regulation shall apply to a label for a pest control product
that is within the meaning of paragraph (a) of the definition of
“pest control product” in section 2 of the Act.
5. (1) Where the principal display panel shows the pest control
product as “RESTRICTED”, the notice referred to in regulation
Notice on display 3 (2) (n) shall appear prominently at the top of the secondary
panel.
display panel followed by the heading in capital letters
“RESTRICTED USE”, followed by the directions for use,
dosage, timing of application and use limitations to which the
restrictions relates all of which shall be circumscribed by a line
to set the information apart from all other information required
to be shown on the secondary display panel.
(2) Notwithstanding paragraph (1), where the principal display
panel shows the pest control product as “RESTRICTED” the
directions for use, dosage rates, timing of application and use
limitations to which the restriction relates, together with the
information referred to in subparagraphs (a), (b), (c), (d), (e), (f),
(h), and (i), of regulation 3(2) may, with the approval of the
Board, appear in a brochure or leaflet that will accompany the
package for the pest control product.
(3) Where the information required to be shown on the label is
not included in the display panel, the display panel shall contain
the words in capital letters “READ ATTACHED BROCHURE
BEFORE USE” prominently displayed thereon.
6.(1) Subject to the approval of the Board, additional information
Display of relating to the pest control product and any graphic design or symbol
additional may be shown on the label if it does not unreasonably detract or
information.
obscure the information required to be shown on the label under
these Regulations.
(2) A registrant may include on the label the following liability
limitation warranty-
Sellers guarantee is limited to the terms set out on the label and subject
thereto, the buyer assumes the risk to persons or property arising from
the use or handling of this product and accepts the product on that
condition.
Information 7. Where a pest control product is distributed in a bulk container, the

where product information referred to in subparagraphs a), (b), (e), (f), (g), (h), (i) and
is distributed
in bulk. (m of regulation 3 (2) shall be shown-
(a) on the bulk container; and
(b) on the documents respecting the pest control product or on a

statement accompanying the consignment.
Information 8. (1) The information on every label shall be printed in both
on labels.
English and Kiswahili languages.
Cap.513 (2) All units of measures shown on the label shall be expressed in
accordance with the requirements of the Weights and Measures Act.
(3) All information shown on the label shall be printed in a manner that
is conspicuous, legible and indelible.
Penaturation. 9. Where the physical properties of a pest control product are such that
the presence of the pest control product may not be recognized when it
is used, and is likely to expose a person or domestic animal to a sever
health risk, the pest control product shall be denatured by means of
colour, odour or such other means as the Board may approve to provide
signal or warning of its presence.
Storage and
display. 10. A pest control product shall be stored and displayed in accordance
with the conditions shown on the label.
Distribution 11. Notwithstanding the provisions of the Pharmacy and Poisons Act, a
Cap.244. pest control product shall be distributed in accordance with such
conditions as the Board shall specify.
Prohibition.
12. No person shall use a pest control product in a manner that is
inconsistent with the directions or limitations respecting its use as
shown on the label.
Packaging. 13. (1) Every package for a pest control product shall, unless the Board
otherwise directs, be approved by the Board.
(2) The package for every pest control product shall be sufficiently
durable and be designed and manufactured to contain the pest control
product safety under practical conditions of storage, display and
distribution.
(3) Every package shall be designed and manufactured to permit-
(a) the withdrawal of any or all of the contents in a manner that is
safety to the user; and
(b) the closing of the package in a manner that will contain the pest
control product satisfactorily under practical conditions
(4) Every package shall be constructed in such a manner as

to minimize the degradation or change of its contents
resulting from interaction or from the effects of radiation
or other means.
14. (1) A label shall not contain any information respecting any
General organism or causative agent of a disease that is required to be
prohibitions.
Cap.364. reported under the Animal Diseases Act.
(2) Information that is required under these Regulations to be

shown on a label shall not appear at the bottom of the package.
(3) Words stating, implying or inferring that a pest control
product is approve, accepted or recommended by the
government or by any department or agency thereof shall not
appear on a package or label or in any advertisement respecting
a pest control product.
FIRST SCHDULE (reg. 3 (2))
CLASSIFICATION OF PEST CONTROL PRODUCTS
RETRICTED CLASS
1. Where the Board has set forth additional essential conditions

to be shown on the label respecting the display, distribution,
use , limitations or qualifications of persons who may use the
pest control product, the pest control product shall have the
following properties-
(a) acute oral LD50 is less than 50 m / kg body weight;
(b) acute dermal LD50 is less than 100 mg / kg body

weight;
(c) environmental risks are significant and will be judged

accordingly;
(d) pest control products used in aquatic and forestry

situations are classified restricted.
FIRST SCHEDULE-(Contd.)
COMMERCIAL AND AGRICULTURAL CLASS
2. Where the pest control product is to be displayed and

distributed for general use in commercial activities specified on
the label it shall have the following properties-
(a) acute oral LD50 is less than 50 mg / kg body weight;

(b) acute dermal LD50 is less than 100 mg / kg body weight;
(c) environmental effects possible in limited regions.
DOMESTIC CLASS
3. Where the pest control product is to be displayed and

distributed for the use in and around a dwelling it shall have the
following properties-
(a) acute oral Ld50 is over 500 mg / kg body weight;
(b) acute dermal Ld50 is over 1,000 mg / kg body weight;
(c) no special precautions or equipment required for inhalation

hazard;
(d) no irreversible effects from repeated exposures;
(e) disposal of conduct and containers can safely be done

by placing in garbage;
(f) package sizes limited to amounts that can be safely
used and stored by consumers.
SECOND SCHEDULE reg. 3 (2)
CAUTIONARY SYMBOLS AND WORDS

SIGNAL WORD SYMBOL
1. POISON / DANGER (SUMU/ HATARI)
2. CORROSIVE (KINAWEZA KUCHOMA)

ACID
3. INFLAMMABLE (KINAWEZA KUPATA MOTO)

4. EXPLOSIVE (KINAWEZA KULIPUKA)
L.N.146/1984 THE PEST CONTROL PRODUCTS (IMPORTATION AND

EXPORTATIONS) REGULATIONS
Citation.
1. These Regulations may be cited as the Pest Control Products
(Importation and Exportation) Regulations.
Importation and 2. (1) No person shall import or export a pest control product
exportation for commercial purposes unless that person is in possession of a
prohibited
unless licensed. licence issued under these Regulations.
(2) No licence shall be issued for the importation of a pest

Supra. control product unless the pest control product is registered in
accordance with the Pest Control products (Registration)
Regulations.
(3) No licence shall be issued under these Regulations unless

the Board is satisfied that the provisions of the Pest Control
Products Act have been complied with.
Presumptions. 3. (1) For the purpose of paragraph (1) of regulation 2, a pest

control product shall be considered to be for commercial purpose
if it is for a use other than scientific reason or testing
and products imported for resale, manufacture, formulation, owner’s se
or commodity aid shall be deemed to be imported for
commercial purposes.
(2) For the purpose of paragraph (1) of regulation 2, a pest

control product shall be deemed to have been exported when it is
place on any ship, aircraft, train or vehicle within Kenya for the
purpose of export.
Application for 4. (1) Any person desiring a licence in respect of importation or
licences.
exportation of a pest control product for commercial purposes
shall apply to the Board for a licence in Form PCPB 1 set out in
the Schedule which form shall be signed by the importer or
exporter, as the case may be, who shall state the purpose of the
importation or exportation of the pest control product in the
following manner-
(i) “FOR RESALE”, where the product is being imported or

exported for the purpose of resale whether in the original pack
or after repacking; or
(ii) “For MANUFACTURING PURPOSES”, where the pest control

product is being imported or exported for use in the
manufacture or formulation of a registered pest control product;
(iii) “FOR IMPORTER’S OWN USE”, where the pest control

product is being imported into Kenya or exported to another
country for sole use of the importer, together with
information respecting where the pest control product shall
be used and the nature of that use.
(2) The Board shall from time to time determine the fee to be
paid in respect of an application for a licence.
[Subsidiary]
Dealing with applications and issue of licences, etc
Dealing with 5. (1) The Board may approve an application made under regulation 4 if
application and
issue of licences, it is satisfied that-
etc. (a) the application contains the information required under that
regulation;
(b) the pest control product contains ingredients that have been
previously assessed or evaluated for the purposes of the Act
and these Regulations and which have been accepted for
registration under Pest Control Products (Registration)
Regulations, 1984, for the use stated in the application and
issue a licence in Form PCPB 1 set out in the schedule.
(2) Where the Board does not approve an application it shall not
be obliged to give any reason therefore.
(3) No person to whom a licence has been issued under these
Regulations shall lend, hire, sell, transfer or otherwise dispose of that
licence to any other person without the approval of the Board, which
approval shall be endorsed on the licence.
(4) The Board may attach to a licence such conditions as it
deems fit to impose and in particular any such condition may restrict the
importation and exportation of a pest control product from a specified
source or for specified usage and the Board may, from time to time,
Duty of
vary, add to or revoke any of the conditions attached to a licence.
licences. etc 6. (1) It shall be the sole responsibility of the licensee or his agent
to ensure that Form PCPB 1 is endorsed by the Central Bank of Kenya
and to forward a signed copy of the form to Board.
(2) It shall be the sole responsibility of the importer or his agent
to ensure that Form PCPB 1 is endorsed by the Customs Department at
the port of entry and to forward a signed copy to the Board.
Duty of customs 7. Where for any reason a customs officer at a port of entry
officers.
withholds the release of any pest control product he shall forthwith
advise the Board of that action.
cancellation
8. (1) The Board may cancel or, for such period as it thinks fit,
and suspension suspend a licence issued under these Regulations if the Board is
of licences. satisfied that -
(a) the licensee or his servant or agent has been convicted of an
offence under the Act; or
(b) the licensee or his servant or agent has committed a breach of
any of the terms or conditions of the licence; or
(c) for any other reason, it is in the public interest so to do.
(2) Board canceling or suspending a licence under this regulation

the Board shall give the licensee twenty-eight days’ notice to show
cause why the licence should not be cancelled or suspended and the
Board’s decision in the matter shall be final.
[subsidiary]
SCHEDULE
FORM PCPB 1
APPLICATION FOR THE IMPORT/EXPORT OF PEST CONTROL
PRODUCTS FOR COMMERCIAL PURPOSE
(to be typed and submitted in quadruplicate)
TO: THE SECRETARY

PEST CONTROL PRODUCTS BOARD
WAIYAKI WAY
P.O. BOX 14733
NAIROBI
Applicant’s Full name/Address …………………………………

……………………………………………………………………
……………………………………………………………………
Tel. No. ………………………………………………………….
Full Name and address of the exporter (if import to Kenya) or importer
(if export from Kenya) ………………………………………………
……………………………………………………………………
…………………………………………………………………….
PRODUCT INFORMATION
1. Registration number ……………… Date of expiry ……………..

…………………………………………………………………………
2. Country of origin (if being imported) ……………………………

…………………………………………………………………….
3. Country of destination (if being exported or re-exported) ………

……………………………………………………………………….
4. SITIC No.. …………………………………………………………
5. Approved common name …………………………………………
6. Chemical name ……………………………………………………
7. Trade name ……………………………………………………….
8. Formulation ………………………………………………………
9. Concentration (% a.i.) ……………………………………………
10. State of product (technical or formulated) ………………………
……………………………………………………………………
import/export
FOR RESALE
FOR MANUFACTURING PURPOSES
FOR IMPORTER’S OWN USE
11. Quantity applied for ………………………………Total cost

(Freight charges included)
12. Estimated annual usage …………………………………………
13. Previous imports (give dates, quantity and registration number of
product) ………………………………………………………………..
PCPB 1/DATE FEAL/DATE QUANTITY
14. Quantity in stock …………………………………………………
I/We certify that the information contained herein is correct to the best
of my/our knowledge.
Importer’s/Exporter’s Signature ……………………………

Designation …………………………………………………
Date ……………………………………………………
FOR OFFICIAL USE ONLY

Board’s official stamp …………………………………….

Chairman
……………………………………….
Date
……………………………………….
Secretary
Date ………………………………..
FEE PAID
TO BE ENTERED BY THE CENTRAL BANK
Feal number ……………………………………………………………...

Date of issue ……………………………………………………………..
Valid until ………………………………………………………………..
Stamp
Signature ………………………………………………………………..
TO BE ENTERED BY THE CUSTOMS OFFICER
I certify that the following goods have today been imported/exported.
Name of the product ………………………………………………….

Quantity ……………………………………………………………….
C & F value declared ……………………………………………………
Origin (country and company) ………………………………………….
…………………………………………………………………………..
…………………………………………………………………………..
Vessel …………………………………………………………………..
Clearing agent …………………………………………………………
Customs entry No. …………………………Date ………………………
Stamp and Signature

Date ………………………………….
Notes
1.Original to be returned to the Board after Central Bank FEAL No.

allocation and endorsement.
2. Duplicate to be returned to the Board after Customs declaration.
3. Triplicate to be retained by the Importer/Exporter after Customs
declaration.
4.Quadruplicate to be retained by the Board after approval/rejection.
5. “FEAL” means Foreign Exchange Allocation Licence.

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Laws of Kenya

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LAWS OF KENYA

THE PEST CONTROL PRODUCTS ACT

Revised Edition 1985

PEST CONTROL PRODUCTS ACT

An Act of Parliament to regulate the importation, exportation,

(a) any compound or substance that enhances or modifies or is

(i) the Director of the Kenya Bureau of Standards;

(3) The Board may co-opt to serve it for such

(4) The members of the Board, other than ex-

(5) The Minister shall appoint a public officer

(a) to assess and evaluate pest control products in

(2) The chairman shall preside at all meetings of the

(3) The person presiding at any meeting of the Board

(4) A quorum of the Board shall be ten.

(5) a member of the Board other than an ex-officio

(a) if he resigns his office by writing under his hand

8. (1) The Minister shall, by notice in the Gazette, appoint

9. (1) An inspector may, at all reasonable times –

(a) enter any place or premises -

(b) examine any pest control product or material found in

(c) required any person to product for inspection or for the

(2) .An inspector shall be furnished with a certificate of his

(3) The owner or the person in charge of any place or

(4) any person who refuses entry to an inspector acting under

(2) Any pest control product seized and detained pursuant to

(b) the expiration of six months from the date of seizure,

unless before that time proceedings have been instituted

(3) a court convicting any person for an offence under

(a) the forfeiture or disposal of any pest control product; and

(4) Where an inspector has seized a pest control product

(5) Any person who hinders or obstructs an inspector

11. Any person who is or has been engaged in the endorsement of

12. (1) Any person who contravenes the provisions of section 3 or 4

(2) A person guilty of an offence under this Act other than an

(3) In any prosecution for an offence under this Act, it shall be

14. (1) Subject to this section, a certificate of an analyst stating that

(2) The party against whom a certificate of an analyst is

(3) No certificate shall be received in evidence under subsection

(e) respecting the manufacture or treatment of any pest control

(2) Notwithstanding subsection (1), any proceedings under

Regulations under section 15

pest control products unless that person is in possession of a licence

(2) An applicant for a licence shall, or request by the Board,

(a) during the operations-

(iii) the general health o the persons working on the

(a) premises in which the manufacturing, formulating and

(b) pest control product stores and other dispensing premises

THE PEST CONTROL PRODUCTS LICENSING OF PREMISES)

APPLICATION FOR A LICENCE

THE PEST CONTROL PRODUCTS (LICENSING OF

This licence is granted to

THE PET CONTROL PRODUCTS (REGISTRATION)

Intepretation. 2. In these Regulations, unless the context otherwise requires-

“certificate of registration” means a certificate issued by the

“device” means any article, instrument, apparatus, contrivance or

‘residue” means the ingredient of a pest control product that

3. A pest control product shall be exempt from registration if-

(2) An applicant who is not resident in Kenya shall appoint an

(3) An application for the registration of a pest control product

(a) a sample of the pest control products;

(2) If the board is not satisfied as to the safety, efficacy, quality

(2) The fee for the renewal of a certificate of registration shall be

(a) the applicant agrees to produce additional scientific or

(2) Any terms and conditions specified by the Board under